and which is specified in column 1 of the Schedule, as read with any related provision mentioned in the entry in respect of such measure in column 1 of the Schedule;” and

(c)after the definition of “Regulation 894/97” there is inserted–

““Regulation 2549/2000” means Council Regulation (EC) No. 2549/2000 establishing additional technical measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa) as amended by Council Regulation (EC) No. 1456/2001(14);

“Regulation 2056/2001” means Commission Regulation (EC) No. 2056/2001 establishing additional technical measures for the recovery of the stocks of cod in the North Sea and to the West of Scotland;

“Regulation 254/2002” means Council Regulation (EC) No. 254/2002(15) establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish sea (ICES Division VIIa);”.

3. In Part II of the Schedule (the Council Regulation) to the principal Order–

(a)after paragraph 6 there is inserted the following entry:–

6A Article 10

Prohibition on transhipment and landing or retaining on board, of marine organisms where dredges are carried, except where the quantity of marine organisms landed or retained on board consists of at least 95% bivalve molluscs.

The statutory maximum

(b)for the entry in column 2 of paragraph 12, there is substituted–

“Prohibition on the retention and landing of detached crab claws, subject to a maximum percentage for catches made by pots or creels and a maximum weight for catches made by any other fishing gear.”; and

(c)after paragraph 25 there is inserted the following entry:–

25A Article 29

Prohibition during 2002 of the retention on board or landing of sand eels caught within a specified area.

£50,000

4. After Part II of the Schedule to the principal Order there is inserted Parts III and IV set out in the Schedule to this Order.

Provisions as to the use of multiple-twine netting within a cod-end or extension piece incorporated into a demersal towed net.

The statutory maximum

2. Article 2.2 as read with Article 3

Provisions as to twine thickness in relation to cod-end or extension piece incorporated into a demersal towed net.

The statutory maximum

3. Article 2.3

Provisions as to the circumference of a cod-end of mesh size range 70 to 79mm or 80 to 89mm.

The statutory maximum

4. Article 2.4

Provisions as to the construction of a demersal towed net incorporating quadrilateral mesh.

The statutory maximum

5. Article 2.5 as read with Article 3.1 of Regulation 254/2002

Provisions as to the construction of a demersal towed net of mesh size range 70 to 79mm or 80 to 99mm requiring the insertion of a panel of diamond-meshed netting of a minimum mesh size of 140mm.

The statutory maximum

6. Article 2.6 as read with Article 3.2 of Regulation 254/2002

Provisions as to the construction of a beam trawl of mesh size range 70 to 79mm or 80 to 99mm requiring the insertion of a panel of diamond-meshed netting of a minimum mesh size of 180mm.

The statutory maximum

7. Article 2.7 as read with Article 3.1 of Regulation 254/2002

Provision as to the fitting of a square mesh panel of mesh size of at least 80mm in a demersal towed net of a mesh size range 80 to 99mm.

The statutory maximum

8. Article 2.8

Provisions as to the method of attachment of a cod-end of mesh size less than 100mm.

The statutory maximum

IV Regulation 2056/2001

1. Article 4.1

Provisions as to catch composition for nets with a mesh size in the range of 70 to 79mm to the west of Scotland.

The statutory maximum

2. Article 4.2

Provisions as to catch composition for nets with a mesh size in the range 80 to 109mm in a specified area in the North Sea.

The statutory maximum

3. Article 4.3

Provisions as to catch composition for nets with a mesh size in the range 100 to 109mm to the west of Scotland.

The statutory maximum

4. Article 4.4

Provisions as to catch composition for nets with a mesh size in the range 110 to 119mm to the west of Scotland and, during 2002 only, in the North Sea and to the West of Scotland.

The statutory maximum

5. Article 4.5

Provisions relating to the construction of and catch composition required for nets with a mesh size in the range 100 to 119mm.

The statutory maximum

6. Article 4.6 as read with Articles 4.1–4.5

Provisions relating to a maximum by-catch of cod, for nets with mesh size in the range 32-119mm.

The statutory maximum

7. Article 5.1.i

Provisions relating to mesh construction of demersal towed nets.

The statutory maximum

8. Article 5.1.ii

Provisions relating to the length of a combined cod-end and extension piece for demersal towed nets, with a mesh size greater than or equal to 70mm.

The statutory maximum

9. Article 5.1.iii

Provisions relating to construction of cod-end and extension pieces of demersal towed nets.

The statutory maximum

10. Article 5.1.iv

Provisions relating to the type of netting material used in demersal towed nets.

The statutory maximum

11. Article 5.1.v

Provisions relating to the attachment of the cod-end in demersal towed nets.

The statutory maximum

12. Article 5.1.vi

Limitations on twine thickness, used in the construction of a demersal towed net of a mesh size equal to, or greater than, 55mm.

The statutory maximum

13. Article 5.2.i

Limitation on the maximum number of meshes in demersal towed nets with a mesh size in the range 70 to 89mm.

The statutory maximum

14. Article 5.2.iii

Provisions relating to the construction of demersal towed nets with a mesh size in the range 70 to 99mm.

The statutory maximum

15. Article 5.2.iv

Provisions as to the fitting of a square mesh panel in a demersal towed net of 70 to 99mm.

The statutory maximum

16. Article 5.3

Provisions relating to the construction of beam trawl nets.

The statutory maximum

17. Article 6.1 as read with 6.2

Prohibitions relating to the geographical areas within which beam trawls with a mesh size within a certain range may be used.

The statutory maximum

18. Article 6.3

Prohibitions relating to the carriage of certain beam trawls, within a specified geographical area.

The statutory maximum

19. Article 7

Provisions as to the catch composition for fixed gears of a mesh size less than 140mm.

The statutory maximum

20. Article 8.1

Prohibition relating to deployment of certain towed nets in a specified area, and provision as to catch composition.

The statutory maximum

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 (“the principal Order”).

The Order makes a number of amendments to the definition of the Council Regulation and inserts definitions of Council Regulations 2549/2000, 2056/2001 and 254/2002 (article 2).

It also makes further provision for the enforcement of certain Community restrictions and obligations concerning the recovery of the stocks of cod in the Irish Sea (Council Regulation 2549/2000 and Council Regulation 254/2002) and the North Sea and to the west of Scotland (Commission Regulation 2056/2001) (article 3).

The Order creates a number of new offences in respect of breaches of the Council Regulation, Council Regulation 2549/2000 and 2056/2001 (article 4 and the Schedule).

The Order includes references to the year 2002 which, because the Order comes into force part way through the year, are to be taken for the purposes of the principal Order as references only to the period from the date of coming into force of this Order up to 31st December 2002.

(1)

1981 c. 29; relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I.1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). See section 30(3) of the 1981 Act for definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers”. Section 30 has effect in relation to Scotland as modified by section 30(5) which was inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 68(5)(b).

Options/Help

Print Options

Print The Whole Instrument

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Opening Options

Different options to open legislation in order to view more content on screen at once

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as made version that was used for the print copy